BATCHELDER, J.
The defendant, James Whittey, was convicted of burglary, RSA 635:1, after a second jury trial in the Superior Court (Manias, J.), and was sentenced to four to eight years in the State Prison. Prior to the first jury trial, which ended in a mistrial, the defendant moved to suppress evidence of an out-of-court show-up identification during which a witness identified the defendant as the burglar. The trial court denied the defendant's motion to...
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